Intellectual property laws provide protection for some works under both copyright and design law. At the face of it, the law on this point seems rather clear. However, interpretation of Section 15 of the Copyright Act in conjunction with the definition of “Design” under the Design Act makes it slightly tricky. A recent case decided by the Delhi High Court has tried to differentiate between a copyright and a design on the basis of the nature of the work and its industrial application. The Judge has explained the basic concepts in great detail and has even provided examples, however, at the end of it there are still many issues to ponder upon.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.